93 Decision Citation: BVA 93-08440
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-15 515 ) DATE
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THE ISSUE
Entitlement to a separate compensable evaluation for
tinnitus.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
ATTORNEY FOR THE BOARD
W. H. Wetmore, Counsel
INTRODUCTION
The veteran served on active duty from August 1978 to August
1981.
This matter came before the Board of Veterans' Appeals
(Board) on appeal from a February 25, 1992, rating decision
of the Louisville, Kentucky, Regional Office (RO) which
granted the veteran service connection for bilateral high
frequency sensorineural hearing loss with tinnitus and
assigned a noncompensable evaluation to that disability.
The veteran's notice of disagreement was received on
March 31, 1992. Another rating decision was entered on
April 6, 1992. The statement of the case was issued on
April 20, 1992. His substantive appeal was received on
May 14, 1992.
Written argument dated August 11, 1992, was received from
the Paralyzed Veterans of America, Inc., the veteran's
representative. The case was received at the Board on
August 28, 1992, docketed on August 31, 1992, and charged to
his representative on September 1, 1992. A brief on appeal
was received on September 24, 1992, from the Paralyzed
Veterans of America, Inc.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran maintains that a separate compensable evaluation
should be assigned his tinnitus because he was subjected to
loud noise in service which produced acoustic trauma. Those
noises are said to include his being a guard at a naval air
station and exposure to the firing of howitzers, shotguns
and machine guns.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. § 7104
(West 1991), following review and consideration of all
evidence and material of record in the veteran's claims
file, and for the following reasons and bases, it is the
decision of the Board that the preponderance of the evidence
is against the claim for a separate compensable evaluation
for tinnitus.
FINDINGS OF FACT
1. All relevant evidence necessary for an equitable disposi-
tion of the veteran's appeal has been obtained.
2. It is not shown that the veteran's current tinnitus is a
symptom of head injury, concussion or acoustic trauma which
was sustained during active service.
CONCLUSION OF LAW
The veteran's tinnitus is not shown to be a symptom of head
injury, concussion or acoustic trauma which was incurred in
or aggravated by service and thus a separate compensable
evaluation for tinnitus is not warranted. 38 U.S.C.A.
§§ 1131, 1155, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102,
3.303, 3.304, Part 4, Code 6260 (1992).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Board finds that the veteran's claim is well grounded
within the meaning of § 5107 because it is plausible. The
Board is also satisfied that all relevant facts have been
properly developed and no further assistance to the veteran
is required in order to comply with § 5107.
The veteran's service medical records do not include any
indications of his having sustained a concussion or acoustic
trauma. The only possible reference to a head injury was
noted in September 1978 when he sustained a laceration to
the right eyebrow. No actual head injury is described in
this notation and there is no indication that the veteran
had any complaints of tinnitus during this treatment or
during the balance of his service medical records. Moreover,
when he filed his initial claim for VA benefits in July
1982, he did not include a claim for service connection for
tinnitus or otherwise indicate having a problem with this
disability. Additionally, a Department of Veterans Affairs
(VA) examination in August 1982 did not include any reference
to the presence of tinnitus or to his having sustained a
head injury, concussion or acoustic trauma in service.
Furthermore, the balance of the VA treatment records which
have been associated with the claims folder and other state-
ments received from the veteran do not include references to
tinnitus or to his having sustained any injury pertinent to
tinnitus in service until he was seen during a VA examination
in December 1991. The examiners on this occasion and during
a VA examination in January 1992 noted the veteran's tinnitus
but did not indicate that it was due to any event in service.
While the veteran has submitted records to show that he had
had military training involving the use of rifles, pistols,
shotguns and machine guns, the record does not indicate that
he developed tinnitus as a symptom of exposure to acoustic
trauma, concussion or head injury in service. His tinnitus
has been associated with his service-connected defective
hearing. Since it is not shown to be due to acoustic trauma,
head injury or concussion sustained in service, a separate
compensable evaluation is not warranted.
ORDER
A separate compensable evaluation for tinnitus is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
STEPHEN L. WILKINS U. H. ANG, M.D.
DANIEL J. STEIN
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.